MURUGAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal has been filed to set aside the conviction made in the judgment dated 11.11.2013 passed in C.C.No.154 of 2011 on the file of the Special Court for Essential Commodities Act Cases, Coimbatore.

(2.) It is the case of the prosecution that on 13.01.2011, Palanisamy [P.W.1], Head Constable of NIB-CID, received information from his source that a 35 year old man is likely to bring ganja by his motorcycle around 16.30 hrs., near Chennai Silks Showroom in Oppanakkara Street. Palanisamy [P.W.1] recorded the information vide Ex.P.1 and sent the same to the Inspector of Police and sought permission for proceeding to the place with police party. After obtaining permission from Vijayakumar [P.W.6], Inspector of Police, NIB-CID, Palanisamy [P.W.1], along with Manoharan [P.W.2] , Police Constable and others, waited with their informant near the Chennai Silks Showroom.

(3.) On the showing of the informant, Palanisamy [P.W.1] intercepted the accused who came to the place around 17.15 hrs., in a motorcycle bearing Registration No.TN-41-AA-8763. After introducing themselves, the police party gave a written option [Ex.P.2] required under Section 50 of the NDPS Act for conduct of personal search, which was declined by the accused. The police found a white colour plastic bag placed on the petrol tank of the motorcycle and on checking the bag, they found it to contain ganja. On weighing, it was found to be of 3 kgs. Two samples weighing 25 gms. each were drawn from the contraband and the samples were kept separately in covers and sealed. The balance contraband was also sealed with NIB-CID seal. A Seizure Mahazar [Ex.P.3] was prepared, under which, the contraband and the motorcycle bearing Registration No.TN-41-AA-8763 were seized by the police.